Bhura @ Bhuri Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Bhura @ Bhuri Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory-bail relief refused (not pressed on merit). With the aforesaid directions: if the applicant surrenders before the concerned court within three weeks and applies for bail, the bail application shall be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another (2021 SCC OnLine SC 922); and no coercive action shall be taken against him for three weeks or till surrender, whichever is earlier. The anticipatory bail application under Section 438 Cr.P.C. stands disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the applicant Bhura @ Bhuri Singh in Case Crime No. 262 of 2021 (Sections 323, 308 IPC, Police Station Hathras Junction, District Hathras) during pendency of the trial. +1 more

Court's answer

Since learned counsel for the applicant did not press the relief sought on merit, the court refused the relief as sought by the applicant through the anticipatory bail application.

Ratio / Principle

On the alternative prayer, the court directed that if the applicant surrenders before the concerned court within three weeks from the date of the order and applies for bail, the bail application shall be decided expeditiously by the court concerned in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another (2021 SCC OnLine SC 922).

Key takeaways

Interim protection: for the period of three weeks from the date of the order or till the time of surrender of the applicant before the court concerned, whichever is earlier, no coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Anticipatory Bail Application U/S 438 Cr.P.C. No. 11982 of 2024 (Court No. 92, Neutral Citation 2025:AHC:4912), High Court of Judicature at Allahabad — applicant Bhura @ Bhuri Singh sought anticipatory bail in Case Crime No. 262 of 2021, under Sections 323, 308 IPC, Police Station- Hathras Junction, District- Hathras, during pendency of the trial. Counsel did not press the relief on merit and instead prayed that the concerned court decide the applicant's bail application expeditiously; Learned A.G.A. had no objection. The court refused the relief sought and directed that if the applicant surrenders before the concerned court within three weeks and applies for bail, the bail application shall be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another (2021 SCC OnLine SC 922); further, for three weeks or till surrender, whichever is earlier, no coercive action shall be taken against him. The anticipatory bail application under Section 438 Cr.P.C. stands disposed of. Order dated 9.1.2025 — Hon'ble Vipin Chandra Dixit, J.

Neutral Citation No. - 2025:AHC:4912

Court No. - 92

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11982 of 2024

Applicant :- Bhura @ Bhuri Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 262 of 2021, under Sections 323, 308 IPC, Police Station- Hathras Junction, District- Hathras during pendency of the trial.

After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned court to decide the bail application of the applicant expeditiously.

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

Accordingly the relief as sought by the applicant through this application is refused.

Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned court within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another , reported in 2021 SCC OnLine SC 922 .

For the period of three weeks from today or till the time of surrender of the applicant before the court concerned, whichever is earlier, no coercive action shall be taken against him.

With the aforesaid directions, this anticipatory bail application under Section 438 Cr.P.C. stands disposed of.

Order Date :- 9.1.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad